Table of Content

Topics Page number

Abstract 01
Introduction 01-02
Definition of Dower 02
Classification of Dower 02-03
The object and the subject matter of 03-04
Dower
Amount of Dower 04
Deference between Sunni & Shia Law 04-05
Regarding Dower
Right of Widow about Dower 05
Suit for Dower and Limitation 05
Problems faced by Muslim Wives in case 06-07
of Recovering Dower in practice
Recommendations 07
Conclusions 07-08
References 08

Provisions of Dower in Islam: A critical analysis in the

Socio-legal of Bangladesh
Abstract
Under the Muslim Law and Statutory Law, Dower or mahr indicates a mandatory payment, in
the form of money or possessions paid by the husband, or by husband's father, to the bride during
marriage which is considered as the lawful property of the wife. As marriage is a civil contract
the mahr is considered as consideration. The mahr Includes money, jewelry, home goods,
furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed

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during marriage. Importance of dower is found in the holy Quran which states: “Give women
their dower with no stings attached. If they themselves give some of it back to you, then
consume it with good cheer” In this paper, I have discussed the concept of ‘dower’ both under
Islamic Law and under the different statutory laws of Bangladesh. I have tried to express some
situations which may manipulate the Muslim women’s right of dower. In practice, often a
woman in Bangladesh is deprived from receiving her legal right of dower from husband due to
various grounds, such as: dower is controlled by husband and social custom, unregistered
marriage, non specification of the mode of payment of dower in the Kabinnama, lack of
awareness of laws on dower, fixation of a smaller amount of dower by the groom's party, the
traditional concept of usual by jewelry and so on. Finally, I have tried to give several essential
recommendations to recover the existing circumstances.

Introduction
The dower means some money or any property, in which there have right of wife from her
husband depend on their marriage contract. The dower is considered a right exclusively for the
wife and obligation to the husband. Islam has directed to give the dower by the husband to the
wife in order to satisfy the woman’s heart and to respect her. It is the possession for the wife and
none of her guardians or relatives may distribute any part of it. She may transfer it as a gift, or
lend it to others or she may provide it in charity or do any other permitted acts she wishes with it
and no one can interfere it, transfer it as a gift, or lend it to others or she may provide it in charity
or do any other permitted acts she wishes with it and no one can interfere it .The right of dower
becomes due on divorce or death of husband if not paid instantly after wedding ceremony. No
Muslim husband is allowed to take return the dower amount whether specified or proper in any
situation. The Quran protects the rights of women as: ‘And give the women their dower as a free
gift’.

Definition of Dower
Dower indicates any type of money or property which a Muslim wife is entitled to acquire from
her husband on marriage as a token of respect. It can be said in another way that dower is an
amount that becomes payable by the husband to the wife on marriage either by agreement

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between the parties or by operation of law. It may either be prompt or deferred. Dower also
means sum of money which is given to a wife by her husband in respect of her marital status.

Classification of Dower
The basis of the classification of dower under Muslim Law is:

a) Whether it has been fixed by parties or is fixed by operation of law, and

b) Whether the dower may be claimed by wife any time or only upon the dissolution of

marriage.

If the parties do not specify the dower during marriage, it is called Un- specified or Proper
Dower. Broadly, there are two types of dowers:

(i) Specified Dower and

(ii) Unspecified Dower.

Specified Dower: Specified dower is that dower which is fixed at the time of marriage or later
on. There are provisions relating to dower under sections 13, 14, 15, 16 and 20 of the Kabinnama
according to the Muslim Marriages and Divorces Rule 1975.

The specified dower has been further divided into-

(a) Prompt Dower and (b) Deferred Dower

Prompt Dower: Prompt dower is payable instantly after marriage on demand. The wife can
refuse conjugal rights if the prompt dower is not paid on demand. In such case, the wife can
effectively resist the suit for restitution of conjugal rights of the husband provided that no
consummation took place. But if consummation has taken place, the wife can refuse this right on
condition of payment of prompt dower. If there is no mention in the Kabinnama about prompt
dower, then court may consider half of the total dower as prompt dower.15 Of course the court
may fix it depending on the circumstances of the case, the status of the wife, the economic
condition of the husband and the total amount of dower.

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Deferred dower: Deferred dower indicates that dower which is payable in case of dissolution of
marriage by death or divorce. In case of an agreement regarding the payment of deferred dower
earlier, then such an agreement would be valid and binding. If there is no specification of dower
either prompt or deferred and then according to sunni law, it should be split into prompt and
deferred

Unspecified or Proper Dower: In case of non-fixing the amount of dower during marriage or
later, the wife is entitled to proper dower, though the marriage was contracted on the condition
that the wife cannot claim any dower. Proper dower varies according to the social position of the
woman’s family, the wealth of her husband, her own personal qualifications and circumstances
of time and social conditions surrounding her.

The Object and the subject matter of dower

Dower indicates monetary gain which is received by a wife from her husband by the virtue of the
marriage contract. Dower in fact, is the name of that monetary gain, that saved in marriage to
woman, in exchange of the pleasure to be enjoyed of her, though the marriage be either valid or
irregular. The object of dower is threefold:

 To impose an obligation on the husband as a mark of respect to the wife.

 To place a check on the whimsical/moody use of divorce on the part of husband and

 To provide for her existence after dissolution of her marriage, so that she may not.

Become feeble after the death of the husband or termination of marriage by divorce. The subject
matter of dower includes not only a sum of money or property but also personal services and
other things. The followings were recognized as the subject of dower:

 A handful of dates (Abu Daud).

 A pair of shoes (Tirmizi).

 If the husband is a slave, his services to his wife (Mohit Sarkhsee).

 The services of the husband’s slaves to the wife (Fatawa-i Alamgir)

 Husband’s services rendered to the guardian of a minor wife (Durrul Muktar).

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 Teaching the Quran to the wife (Tradition).

In fact, the main contention of the Muslim Jurists is that anything which comes within the
definition of mal can be the subject matter of dower. Thus, apart from the personal services of
the husband, any profits arising from land or business, debts due to the husband, insurance
policies, chooses-in-action, the sale proceeds of something, may constitute valid dower. If the
subject matter of dower be “an animal” or “cloth”, then the wife is entitled to mahr-ul-misl,
proper dower because such dowers are invalid for uncertainty. Similarly, “a land” without
specifying the exact location and description are not fit subjects of dower, and the court will have
to fix proper dowers in such cases.

Amount of Dower
There is no minimum or lower limit of dower fixed by law, though some jurists opine that it
should not be less than ten dirhams. It may be in the form of cash or in kind. The Prophet
(PBUH) did not fix any minimum. According to the well reported Traditions of the Prophet of
Islam, even a handful of barley or dates or even an iron ring may be sufficient provided the bride
agrees to accept it.

Difference between Sunni & Shia Law Regarding Dower

Sunni Law: A minimum limit of 10 dirhams is prescribed for specified dower. There is no limit
to proper dower. There is no maximum limit for specific dower. If marriage is dissolved by death

and dower has not been specified, or it is agreed that no dower shall be payable, proper dower

would be due whether the marriage was consummated or not. An agreement that no dower shall

be due is void. In the absence of an agreement only a reasonable part of the dower is presumed

to be prompt.

Shia Law: No minimum limit is prescribed. Proper dower cannot exceed 500 dirham’s. Fixing of

dower exceeding 500 dirhams is considered abominable though not illegal. In such case, no

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dower would be due if the marriage was not consummated. Such agreement by sane and adult

wife is valid. The whole dower is presumed to be prompt.

Right of widows about dower

Dower is like a debt, and it is an unsecured debt. If any Muslim husband died leaving his wife
(widow) then she will have the right to get the property of her husband in two ways. She will
inherit as sharer as well as she will receive the dower from the property of the deceased husband
which is considered as debt. An illustration is given for proper understanding of the position of
the widow.

Suit for Dower and Limitation

If the dower is not paid, the wife, and after her death, her heirs, may sue for it. The period of
limitation for a suit to recover ”prompt” dower is three years from the date when the dower is
demanded and refused, or, where during the continuance of the marriage no such demand has
been made, when the marriage is dissolved by death or divorce.46 The period of limitation for a
suit to recover “deferred” dower is three years from the date when the marriage is dissolved by
death or divorce.47 Where, however, prompt dower has not been fixed, a demand and refusal is
not a condition precedent for filing a suit for its recovery, it was decided in Muhammad Taqi
Khan v. Farmoodi Begum

Problems Faced by Muslim Wives in case of Recovering

Dower in Practice
Although there are sufficient laws and enforcing agencies in Bangladesh but the Muslim women
are not getting dower properly. Sometimes they do not receive any dower at all. It is initiation in
cities and the rural remote areas. There are some reasons for happening this situation.

Those are given below:

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 In Bangladesh though Registration of marriage is mandatory according to Marriages and
Divorces Act, 1974 but most of the people do not follow it strictly. The people are not aware
regarding this matter. Sometimes the people deprive the bride from legal or religious right
intentionally. As a result, no kabinnama of marriage is existed. In the absence of the deed. But
for lack of knowledge women are unable in exercising their right of dower as they believe that
they have already relinquished their right. The people of the society think that if husband give
divorce only then the wife will get the full amount of dower. There is a misconception that if a
wife dissolves the marriage by exercising talaq-e-tafweed then the wife will not get any amount
from the dower money. But actually, the wife is entitled to the dower money as she has exercised
the delegated power of talaq-e-tafweed which was conferred on her by her husband. Sometimes
the kabinnama is prepared in accordance with law where the groom’s part tries to fix a lower
amount of dower. They do it so that they can be able to divorce or remarry easily. The amount of
dower is fixed with the free consent of the parties. It was found in a study of the metropolitan
city of Dhaka that 88% of Muslim wives did not receive any dower at all. If this is the situation
in the capital city, one can anticipate an kabinnama, it is impossible to trace the amount of dower
properly without testifying by the witnesses. So, nonappearance of Kabinnama is the most
important reason for the deprivation of the women’s right of dower in Bangladesh. Generally, the
parties should mention the dower specifically whether it is prompt or deferred, but they do not
mention it. Although the law of Bangladesh specifically states that if any dower is not fixed then
that is considered as prompt dower. Due to lack of awareness, the women are being deprived
from getting the dower in time. The cases on dower in Bangladesh highlight the contrast between
theory and practice. In dower cases, the payment is a legal obligation, whereas in social practice
the question of payment arises only at the instance of divorce. For example, in khula cases, the
right of dower is relinquished to end an undesired marriage. The fact remains that in social
reality women rarely get any portion of their dower unless the husband is adamant to give talaq.
Sometimes the social position of female litigants who are economically dependent influences the
claim for dower as the last financial support. Thus, the theoretical right of women’s potential
power of demanding dower does not exist in practice. It was already mentioned earlier that in
Dhaka itself 88% of the Muslim wives did not receive any dower.

Recommendations

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In the previous chapter I have tried to discuss elaborately regarding the problems in case of
recovering dower money by the women in Bangladesh. From there it is clear that most of the
Muslim wives do not receive any dower at all in the cities as well as in rural areas. Generally, the
husband forced the wife to give talak through khula talak. By this system the wives are deprived
from getting the dower properly. Then the wives cannot see any point to challenge this situation.
It may be noticed by the court that a fewer cases are available regarding talaq cases as the
husbands are trying to avoid giving divorce, thus forcing wives to go for judicial dissolution. To
solve this problem the court should take proper steps for the protection of the women and should
ensure their rights of dower. In rural area, most of the women are illiterate. If we want to solve
these problems and want to ascertain women’s right in the society, then the people have to be
more conscious and aware about the women’s right of dower under Islamic and statutory laws of
Bangladesh and we all have to extend our hands for the women to ensure their right of whole
amount of dower money.

Conclusion
The dower is a part and parcel of marriage under both the Islamic and Statutory Law. To give
dower to the wives is a custom which is derived from the pre-Islamic Period. Dower is
unavoidable in case of marriage and it should be given at the time of marriage which is clearly
said in the holy Quran, Sunnah as well as the Statutes of Bangladesh. The cases on dower in
Bangladesh highlight the disparity between theory and practice. Different sceneries are existing
in our society. Most of the cases relating to dower indicate that the payment of dower is a legal
obligation but the people of the society think that the question regarding payment of dower
should arise only at the time of divorce. In this paper attention has been given on the person who
can make contract for the dower at the time of marriage, and when, and how he will be bound to
pay the dower to the wife. If someone denies paying dower, then the wife can claim it under the
statutory law of Bangladesh and within a limitation period. In this present paper I have discussed
the problems facing by women in recovering the dower money in practice and finally I have tried
to give necessary solutions for ensuring women’s right of dower from the male dominated
society. The amount of dower is not only a check for unreasonable exercise of talaq but also the
only financial security the wife might have after the dissolution of her marriage.

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References
Afroza Begum, ‘Revisiting Domestic Violence as A Gross Violation of Women’s Fundamental
Rights to Freedom From Torture’, Rajshahi University Journal of Law, vol. 4 (2007): 19-25.

Taslima Monsoor, Management of Gender Relations: Violence against Women and Criminal
Justice System in Bangladesh (Dhaka: British Council, 2008).

Syed Sahid Ahammad, ‘A Critical Analysis of Dower (Mahr) in Islam,’ Journal of Humanities
and Social Science, vol. 21/7 (2016): 86-91.